When will a court allow a plaintiff to fail to exhaust administrative remedies?

A court may excuse a plaintiff's failure to exhaust administrative remedies if "(1) the claim is collateral to a demand for benefits, (2) exhaustion would be futile, or (3) requiring exhaustion would result in irreparable harm." Skubel v. Fuoroli, 113 F.3d 330, 334 (2d Cir. 1997). None of these apply: Nunez's complaint challenged only the denial of benefits; there is no indication that exhaustion would be futile; and Nunez has never argued that he would have been injured if required to complete the exhaustion process.

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